Dipu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52904 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- BAGHA District- West Champaran ====================================================== DIPU CHAUDHARY SON OF SARAL CHAUDHARY RESIDENT OF VILLAGE - PARAS NAGAR, P.S. - BAGAHA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Kumar, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 304B of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, the daughter of the informant who was married to the petitioner herein was regularly tortured and beaten up for non-fulfillment of demand of dowry to the tune of a motorcycle etc. It is stated that she called up on 3.6.2020 and stated about the petitioner assaulting her. Subsequently, it is stated that as a result of torture, she committed suicide by hanging herself.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.52904 of 2021(3) dt.18-04-2022 2/2 that the petitioner is the husband of the deceased. The allegation of torture, demand of dowry etc. are all false and concocted. The narration in the F.I.R. itself shows that it is a case of suicide. The petitioner is in custody since 4.6.2020 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is the husband of the deceased and the cause of death in the opinion of the doctor in the post-mortem report is asphyxia due to strangulation. Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegation against the petitioner in the F.I.R. together with the contents of the post-mortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T